WASHINGTON v. GUSMAN

No. 2015-CA-0177.

183 So.3d 510 (2015)

Cheryl WASHINGTON, Individually and in Her Capacity as Representative of the Estate of Kerry Washington and Natural Tutor of the Minor Child, Kerrionne Nicole Washington v. Marlin N. GUSMAN, Individually and in His Official Capacity as Criminal Sheriff for the Parish of Orleans.

Court of Appeals of Louisiana, Fourth Circuit.

Opinion Clarified on Rehearing December 16, 2015.


Attorney(s) appearing for the Case

Jill L. Craft , Crystal G. LaFleur , Jill L. Craft , Attorney at Law, LLC, Baton Rouge, LA, for Plaintiff/Appellee, Cheryl Washington, Individually and in Her Official Capacity.

Blake J. Arcuri , Freeman R. Matthews , USRY Weeks & Matthews, New Orleans, LA, and James M. Williams , Inemesit U. O'Boyle , Gauthier Houghtaling & Williams, L.L.P., Metairie, LA, Counsel for Defendants/Appellants, Marlin N. Gusman, Sheriff of the Parish of Orleans, Deputy Dwayne Washington, and Deputy Dwayne Wilson.

(Court composed of Judge TERRI F. LOVE, Judge MAX N. TOBIAS, JR., Judge PAUL A. BONIN).


This appeal arises from an inmate's death during the administration of five-point restraints while in the custody of the Orleans Parish Sheriff's Office. The decedent's wife filed suit seeking damages for her husband's death. After a two-day bench trial, the trial court found the defendants...

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